Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-19
APPLICATION FOR PATENT.

i'm EAAAN6
Where papers have once been hled with the
Register and Receiver they become . part Of
the record, and can neither be Withdrawn nor
returned, but must be to the Gen
eral Land Once.
An application will be rejected when the
scription Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
Second-The notice was not published in q
newspaper designated as published nearest the
claim.
Third--Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
| boundaries OF the claim.
Where the claim was not located in accord.
ance with law.
Where several parties own separate and dis
tinct portions of . claim, application for
patent may be made by either for ia at portion
of the claim owned by him; but where soyeral
parties own undivided interests in : mining
claim all should join in an application for .
patent.
A person or association may purchase as
many placer locations as the local law admits,
AAD W ta0 y
patent.
Two or more lodes cannot be embraced In
one application for o patent except for placer
claims embracing two or more lodes within
| their boundaries
Papers sworn to before any person purport-
| ing to set a. a deputy for the Register and Re-
ceiver cannot be recorded As evidences.
In all patents for mining claims situated
| within the interior boundaries of q town site
9 clause is inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made q only
one newspaper for the period Of go days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elapse between the
fret and last insertions.
Where the Register designates the daily issue
of q newspaper fer publication Of notices Of a
mining application for patent IL is not q com.
pliAnce with law TO change TO the weekly edi.
tion of the same paper without authority OF
the Register.
The existence Of q salt spring on . tract OF
land withdraws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character of such land Ia not allowed. Land
containing valuable deposits Of slate may be
eutereu uuu6f tno mining ACte.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
By such adverse claimant.
The papers In an adverse claim, once fled,
cannot be Withdrawn, but becomes o part OF the
record.
When an adverse claim has been fled IL can,
not be amended so as to embrace a larger Dor
| tinp Of the pramfaaa IN am that daaerfbaA In q a.
original adverse clsim.
An adverse claim must be made out in
proper form and fled in the proper local OH G.
during the period Of publication of the sppli'
cation for the patent 10 be effective.
1t is the duty of the adverse claimant 0
commence suit in proper form within the re.
CURED time, and If he trusts The uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue. through misfortune or accident. Should
the failure TO mne suit be the result Of
the cor rupt or dishonest action Of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claims ant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions Of law, without stating the
facts specially, will not he considered In evi.
dence.
An adverse claimant should show 9 compli.
ance with the local laws in recording his claim
and in regard to expenditures. and shall ole q
copy of the original notice OF his location, and
show the nature or extent Of the con1ict
alleged.
An allegation Of parties 10 q suit that they
compose the company is sufficient, and they
are not required TO prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is of little. II any value, for sgri.
cultural purposes, but Is essential to tho
proper development of mining claims. II
should be disposed of under the Mining Act,
Where lands containing valuable nineral
deposits have been included in an agricultural
entry, said entry will be cancelled ~ any time
prior to issuance of patent, upon satisfactory
evidence of the existence of such valuable de-
posts.
Where valuable deposits Of mineral are dis-
covered upon q tract after the SAINT iss been
entered as agricultural, but before l stent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled to
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered on